On The Crime Of Refusing To Pay The Labor Remuneration

In China, the prevalence and severity of defaulted wages have problems requiring urgent. Before refusing to pay labor remuneration into criminal behavior, mainly through civil law and administrative law adjust its lack protection."Criminal Law Amendment (h)" issued in2011February2011Section41establishes a " crime of refusing to pay labor remuneration."" In order to transfer the property into hiding to evade payment methods such as labor remuneration of workers have the ability to pay or not pay, wages, the larger the amount of the payment ordered by the government departments still do not pay, and three years imprisonment or detention, or impose a fine gold; causing serious consequences, more than seven years in prison and a fine "and in January2013the introduction of judicial interpretation. But there is still the problem of sin is not related to the interpretation and not perfect, academic theory and judicial practice remains controversial. The author describes the basis of the crime of refusing to pay labor remuneration of the legislative background, processes and concepts, elaborate on the constituent elements, focuses on defining the scope of the crime of criminal law protection, labor compensation, determined to incriminate standard, objective behavior, on " Are private prosecution " and the existence of the dispute and made a superficial improvement and judicial determination of the legislative proposal.